Chapter-II (Appointment and Condition of

Employment)
 A condition of employment refers to
something that both the employee and
employer agree to at the beginning of a
worker's employment.
 A condition may also include a contract that
states that an employee is
given employment for a certain length of time
so long as the employee does not violate the
terms of the contract.
 (1). Workers employed in any establishment
shall be classified in any of the following
classes according to the nature and condition
of work, namely-
 (a) Apprentices
 (b) Badlies (one who remains waiting)
 (c) Casual
 (d) Temporary
 (e) Probationer
 (f) Permanent
 (g) Seasonal worker
 (2). A worker shall be called an apprentice if
he is employed in an establishment as a
learner and is paid an allowance during the
period of his training.
 (3). A worker shall be called a badlies if he is
employed in an establishment in the post of a
permanent worker or of a probationer during
the period of his temporary absence.
 (4). A worker shall be called a casual worker if
his employment in an establishment is of
casual nature.
 (5) A worker shall be called a temporary worker if
he is employed in an establishment for work
which is essentially of temporary nature, and is
likely to be finished within a limited period.
 (6) A worker shall be called a probationer if he is
provisionally employed in an establishment to fill
a permanent vacancy in a post and has not
completed the period of his probation.
 (7) A worker shall be called a permanent worker
if he is employed in an establishment on a
permanent basis or if he has satisfactory
completed the period of his probation in the
establishment.

 (8) The period of probation for a worker
whose function is of clerical nature shall be
six months and for other workers such period
shall be three months.
 (11) Any worker will be called as a seasonal
worker, if he is seasonal employed in any
establishment to do seasonal work and
continues to work during season.(i.e. sugar
mill, rice mill, seasonal any establishment and
like any other industries).
 No employer shall employ any worker without
giving such worker an appointment letter and
every such employed worker shall be
provided with an identity card with his
photograph.
 (1) The service book shall be of such size and
in such form as may be prescribed and a
photograph of the worker shall be affixed to it.
 (2) Every service book shall be kept in the
custody of the employer.
 (8) If any worker losses the service book which
was handed over to him or the copy thereof,
the employer shall provide him with a copy of
the service book at the cost of such worker.
 (2)The service book shall contain the following
particulars, namely-
a. Name and address of the worker, his mother and father name;
b. Date of birth ;
c. Particulars necessary for identification;
d. Name and address of the person under whom previously
employed, if any;
e. Period of employment
f. Occupation or designation
g. Wages and allowances (if any);
h. Leave availed
i. Conduct of the worker
j. Promotion
k. Punishment.
 Application to the employer
 Entitlement / dues
 Spare
 Grant
 (1) A worker who desires to obtain leave of
absence shall apply to the employer for the
same, in writing, stating his leave-address
therein;
 (2) The employer and his authorized officer shall
issue orders on the application within seven days
of its submission or two days prior to the
commencement of leave applied for, whichever
is earlier;
 Provided that if, due to urgent reasons the leave
applied for is to commence on the date of
application or within three days thereof, the
order shall be given on the same day.
 (3) If the leave asked for is granted, a leave
pass shall be issued to the worker.
 (4) If the leave asked for is refused or
postponed, the fact of such refusal or
postponement and the reasons thereof shall
be communicated to the worker before the
date of on which the leave was expected to
be commenced ,and shall also be recorded in
a register to be maintained by the employer
for the purpose.
 (5) If the worker, after proceeding on leave,
desires an extension thereof, he shall, if such
leave is due to him, apply sufficiently in
advance before the expiry of the leave to the
employer who shall, as far as practicable,
send a written reply either granting or
refusing extension of leave to the worker to
his leave-address.
 The employer may, at any time, in the event
of fire, catastrophe, breakdown of machinery,
or stoppage of power supply, epidemics, civil
commotion or other cause beyond his
control, stop any section of the
establishment, wholly or partly for such
period as the cause for such stoppage
continues to exist.
 The employer may, in the event of strike by
any section or department of an
establishment, close down either wholly or
partly such section or department and the
workers participated in the illegal strike shall
not be paid any wages for such closure.
 If a worker dies while in service after a
continuous service of not less than 2 (Two) years,
his nominee or in the absence of any nominee,
his dependent shall be paid by the employer
compensation at the rate of 30 (thirty) days
wages in the former case for every complete year
of service, or at the rate of 45 days wages for
every completed year of service or for any part
thereof in excess of six months or gratuity, if
any, whichever is higher, in addition to any other
benefit to which the deceased worker would have
been entitled had he retired from service.
 (1) A worker may be retrenched from an establishment
on the ground redundancy.
 (2) If any worker has been in continuous service under
an employer for not less than 1 (one) year, the
employer, in the case of retrenchment of such worker,
shall
 (a) give him 1 (one) month’s notice in writing
mentioning the reasons for his retrenchment or, in lieu
of such notice pay him wages for the period of notice;
 (b) send a copy of the notice to the Chief Inspector or
any other officer specified by him, and another copy to
the collective bargaining agent of the establishment, if
any; and
 (c) pay him as compensation 30 (thirty) days’ wages
for his every year of service or gratuity, if any,
whichever is higher.
 Where any number of worker are retrenched,
and the employer proposes to take into his
employment, any person with in a period of
one year from the date of such retrenchment,
he shall give an opportunity to retrench
workers belonging to the particular category
concerned by sending a notice to their last
known address, to offer themselves for re-
employment shall have preference over other
persons, each having priority according to the
length of his service under the employer.
 A worker may be discharged from the service
for the reasons of physical or mental
incapacity or continued ill-health certified by
a registered medical practitioner /officer.
 Worker may be dismissed without a notice or without
wages in lieu of a notice if he is
 Convicted for any criminal offence; or
 Is found guilty of misconduct under section 24, Namely-
a) Dismissal
b) Removal
c) Reduction to lower post, grade or scale of pay for a period not
exceeding one year
d) Stoppage of promotion for a period not for a period not
exceeding one year
e) Withholding of increment for a period not exceeding one year
f) Fine
g) Suspension without wages and subsistence allowance for a
period not exceeding seven days.
h) Censure and warning
 The following acts and omissions shall be
treated as misconduct-
a) Willful insubordination or disobedience, whether
alone or in combination with others to any lawful
or reasonable order of a superior;
b) Theft fraud or dishonesty in connection with the
employers business property;
c) Taking or giving bribes or any illegal gratification
in connection with his or any other worker
employment under the employer;
d) Habitual absence without leave or absence
without leave for more than ten days;
e) Habitual late attendance;
f) Habitual breach of any law or rule or regulation
application to the establishment;
g) Riotous or disorderly behavior in the establishment,
or any act subversive of discipline;
h) Habitual negligence of work;
i) Habitual breach of any rule of employment, including
conduct or discipline, approved by the Chief
Inspector;
j) Altering, forging, wrongfully changing, damaging or
causing lose to employer's official records.
 (1) No order of punishment under section 23
against a worker shall be made unless-
a) The allegations against him are recorded in
writing;
b) He is given a copy thereof and not less than seven
days time of explain;
c) He is given an opportunity to being heard;
d) He is found guilty, after enquiry; and
e) The employer or the manager approves of such
order.
 (2) A worker charged for misconduct may be
suspended pending enquiry into the charges
against him and unless the matter is pending
before the court, the period of such
suspension shall not exceed sixty days.
 1) The total amount of fine which may be
imposed in any one wage-period on any
worker shall not exceed an amount equal to
one tenth of wages payable to him in respect
of the wage-period.
 2) No fine shall be imposed on any worker
who is under the age of fifteen years.
 3) No fine imposed on any worker shall be
recovered from him by installments or after
the expiry of sixty days from the day on
which it was imposed.
 1) The employment of a permanent worker
may be terminated by the employer, by giving
him in writing-
a) One hundred and twenty days notice, if he is a
monthly rated workers,
b) Sixty days notice, in case of other worker.
 2) The employment of a temporary worker
may be terminated by the employer, by giving
him in writing-
a) Thirty days notice, if he is a monthly rated
worker;
b) Fourteen days notice, in case of other worker.
 1. A permanent worker may terminate his
employment by giving to the employer in
writing sixty days notice.
 2. A temporary worker may terminate his
employment by giving to the employer in
writing-
a) Thirty days notice, if he is a monthly rated
worker,
b) Fourteen days notice in case of other worker
 A worker occupying a residential
accommodation provided by his employer,
whose service has been terminated by any
means, shall vacate such residential
accommodation within a period of sixty days
from the date of termination of his service.
a) Submitting grievance notice to his employer in
writing, by registered post within thirty days of
being informed of the cause of such grievance.
b) Consideration of grievance notice by the employer
c) Inquiry within fifteen days of receipt of such
grievance,
d) Personal hearing
e) Decision
f) If the employer fails to give a decision or if the
worker is dissatisfied with such decision, he may
make a complaint in writing to the Labour court
within thirty days from the last date or within thirty
days from the date of the decision.